Emotions In Mediation

Emotions in Mediation

Bob had been Fred’s client for a long time.  Normally, he was low-key and easy-going. Not today.  He was angry and it showed.  His wife Keiko sat teary-eyed and sniffling next to him. ‘Fred, I want you to make George Stevens’ life a misery, do you hear me?” “I hear you, Bob. But I don’t …

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How Does Divorce Mediation Work?

What Can I Expect at a Divorce Mediation?

If you are getting divorced, you probably have a lot of questions about the process and the available options for divorce, including, “Dow does divorce mediation work?”  Divorce mediation is one of the many alternatives available to people who are getting divorced that helps keep the arguments and divorce out of the court system.  It …

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What Should Appellate Mediation Look Like?

Appellate Mediation

I. Introduction For a case to reach the appellate level is a rare feat indeed.  It has been estimated that nearly ninety-five percent of all cases will settle before trial. Of the remaining five percent, only the most difficult and stubborn will proceed to the appellate level.  This creates a unique environment for alternative dispute …

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An Interview with International Arbitrator & Mediator Eric Van Ginkel

Eric van Ginkel

By Zach Ulrich Our ADR Times Contributing Editor, Zach Ulrich, had the opportunity to sit down with expert international mediator and arbitrator Eric van Ginkel, and discuss topics including the role of culture and language in international disputes, differences between international and intranational conflicts, and Mr. van Ginkel’s career as a neutral. A consummate commercial …

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Mediating With Insurance Companies – 10 Ways To Be Successful

By David C. Peterson It’s no secret that insurance carriers have altered their practices in the past several years. Authority and independent judgment they previously possessed has been removed from adjusters, managers, and supervisors as executives in the companies strive for uniformity in claims handling and ironclad control over settlement decisions. Rarely at mediation is …

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Mediator’s Opening Statement

Mediator's Opening Statement

Mike was excited.  The classes were over at last, the internship was done, and he’d been approved for the civil panel. Today was his first solo mediation. He opened the door and strode in.  The lawyers and their clients looked up expectantly at Mike. He froze.  What should he say next? Where we begin a …

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Is Settlement Counsel a New Trend in Litigation?

Settlement Counsel

By Scott Van Soye George nervously drummed his fingers on the desk. He was torn. On the one hand, he’d known this lawsuit ought to settle the moment Brad Givens retained him. The facts were weak, the law was unsettled, and Brad could make real money in partnership with the defendants, if they could stop …

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Convening

Convening

Dispute resolution is a process.  The beginning phase — bringing everyone together under conditions conducive to settlement — is called convening. Convening can be as simple as a few phone calls, where those involved already know what they want and are properly prepared for it.  Or it can be as complex as holding a long …

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Organizations Need to Get Better at Detecting Conflict

Types of Workplace conflict

  By Zachary Ulrich Imagine a town where the streets are constantly filled with police, but where there are no burglar alarms. There may be so many police that crime is low since every street corner is always being monitored, but the resources and manpower required to field such a large force is overwhelming. Now, …

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Framing And Reframing

Nicole was frustrated: “I know I’m behind on the rent – business is slow and I can’t afford $9,000 a month for this place! George needs to get real! He’s made a ton of money from me.  He needs to stop being so greedy… I only can pay $7,000 a month… at least until business …

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